State v. Ligon , 2023 Ohio 1751 ( 2023 )

[Cite as State v. Ligon, 2023-Ohio-1751.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 112034
v. :
ERIS LIGON, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: May 25, 2023
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case Nos. CR-20-654228-A, CR-20-654230-A, and CR-21-660714-A
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Margaret Graham, Assistant Prosecuting
Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and
Erika B. Cunliffe, Assistant Public Defender, for
appellant.
LISA B. FORBES, J.:
Appellant Eris Ligon (“Ligon”) appeals the trial court’s journal entry
sentencing him to an indefinite prison term pursuant to the Reagan Tokes Law.
After reviewing the facts of the case and pertinent law, we affirm.
I. Facts and Procedural History
Ligon pleaded guilty to aggravated robbery, a first-degree felony in
violation of R.C. 2911.01(A)(1) with a one-year firearm specification; grand theft, a
fourth-degree felony in violation of R.C. 2913.02(A)(1); theft, a first-degree
misdemeanor in violation of R.C. 2913.02(A)(1); and carrying concealed weapons, a
fourth-degree felony in violation of R.C. 2923.12(A)(2).
In a September 16, 2022 journal entry, the trial court sentenced Ligon
to an aggregate prison term of 4-5.5 years. It is from this order that Ligon appeals.
II. Law and Analysis
In his sole assignment of error, Ligon claims that “the trial court erred
when it imposed an S.B. 201 indeterminate sentence over objections to its
constitutionality.” On appeal, Ligon concedes that his appellate “arguments are
inconsistent with the en banc decision in Delvallie”; however, he is appealing to
preserve the issue pending the Ohio Supreme Court’s decision in State v. Hacker,
2020-Ohio-5048, 161 N.E.3d 112 (3d Dist.), and State v. Simmons, 2021-Ohio-939,
169 N.E.3d 728 (8th Dist.).
Ligon’s assignment of error is overruled pursuant to this court’s en
banc decision in State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.).
Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution. The defendant’s
conviction having been affirmed, any bail pending appeal is terminated. Case
remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
_______________________________
LISA B. FORBES, JUDGE
FRANK DANIEL CELEBREZZE, III, P.J., and
EILEEN A. GALLAGHER, J., CONCUR
N.B. The author of this opinion is constrained to apply Delvallie. For a full
explanation, see State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.)
(Forbes, J., dissenting).